2018 Arkansas Code
Title 25 - State Government
Chapter 37 - Biobased Products Act of 2005
§ 25-37-102. Procurement of biobased products

(a) After the date specified in the guidelines prepared under subsection (b) of this section, each state agency that procures any items designated in the guidelines shall give preference in making procurement decisions to the items composed of the highest percentage of biobased products that are:

• (1) Practicable; and

• (2) Consistent with maintaining a satisfactory level of competition.

(b) (1) (A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section.

• (B) The guidelines shall:

  • (i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102, as those federal guidelines and that federal law existed on January 1, 2005;

  • (ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section;

  • (iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and

  • (iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.

    • (2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed on January 1, 2005.

(c)

• (1) The office shall implement the requirements of this section.

• (2) Every two (2) years beginning on or before June 30, 2006, the office shall report to the Joint Budget Committee during each regular session of the General Assembly on:

  • (A) Actions taken by state agencies with regard to purchases of biobased products; and

  • (B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section.

• (3)

  • (A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program.

  • (B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section.